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Home My WebLink AboutSUB201700056 Review Comments Appeal to BOS 2017-03-01Review of Private Improvement Maintenance Instrument (Albemarle County Code § 14-317) TO: RE: SUB The instrument required by Albemarle County Code 4 14-317 for this subdivision: _ is approved. _ is not approved because it fails to satisfy one or more of the following requirements (number references are to Albemarle County Code � 14-317(A)): 1. Identify the plat to which the instrument applies; if the plat has been recorded, the identification shall include a deed book and page number. 2. State that the improvement will be maintained in perpetuity. __�Z3. State that the improvement,%ill be maintained to a standard that, at a minimum, ensures that it will remain in substantially the condition it was in when approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14-436; for a private street, shared driveway, or alley, the instrument also shall state substantially as follows: "The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions." 4. If the instrument pertains to the maintenance of one or more private streets, alleys or shared driveways, it shall define "maintenance" by stating substantially as follows: "For purposes of this instrument, `maintenance' includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters', drainage facilities, utilities, dams, bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles." ✓ 5. Describe the condition of the improvement when it was approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was / released as provided in section 14-436. d 6. Identify the timing or conditions warranting maintenance of the improvement. __,/7. State a means to collect funds necessary for the cost of maintaining the improvement; at a minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien against a non-contributing landowner, to bring an action at law to collect the funds, or both. J8. Describe how maintenance costs will be prorated among the landowners subject to the instrument (e.g., "equally," or on a percentage basis); if any lot within the subdivision may be further divided, the instrument shall also describe how maintenance costs will be prorated among the landowners after / division. ✓ 9. State substantially as follows: "No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein." Date: Greg Kamptner Deputy County Attorney Prepared by Carroll W. Sullivan 164 Reas Ford Road Earlysville, Virginia 22936 Albemarle County Tax Map 03100-00-00-014G0 DECLARATION This PRIVATE S-FRF:F:T MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this 24th day of March, 2017, by Carroll W. Sullivan (hereinafter, the "Declarant"), whose address is 164 Reas Ford Road, Earlysville, Virginia 22936. WHEREAS, the Declarant(s) is/are the owner(s) of a parcel of land known as Tax Map 31 Parcel 14G, pursuant to the deed recorded in Deed Book 4674 Page 686 and the plats recorded in Deed Book 3655 Pages 384 & 385 and Deed Book 4803 pages 165 & 166. WHEREAS, said Tax Map 31 Parcel 14G will be subdivided by the Declarant into Lot 1, containing 5.07 acres, and Lot 2, containing 2.50 acres respectively, as shown and described on a plat by Roger W. Ray & Assoc., Inc., last dated March 21, 2017, a copy of which is hereto attached and made part of this Agreement (hereinafter, the "PIat"); and WHEREAS, the access easement shown on the Plat will be a new 30' wide non- exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of Lot 1 and Lot 2 shown on the Plat. NOW, THEREFORE, and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Lot 1 and Lot 2 a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum 10 foot wide base of gravel or a superior surface as agreed to in the future via supplemental declaration, and maintained in perpetuity to substantially the same condition it was in r2 when approved by the County. The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times 3 except in severe temporary weather conditions. MAINTENANCE: For purposes of this instrument, `maintenance', includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, darns, bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. COST OF MAINTENANCE: The owner(s) of Lot 1 and Lot 2 shall be equally responsible for the cost of. the maintenance of, and or repair to the Street, from State Route 660 to the end of the Private Street Easement as shown on the Plat. AUn further division of Lot 1 or Lot 2 shall require the reassessment of cost to be equally shared by all owners using of the Street. No public agency. including the Virginia Department of Transportation and the Count- of Albemarle, "Virginia, -will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN: After the initial construction of the Street, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in the event that one of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible, as provided hereinabove, any other owner not in default, or the person or corporation performing such maintenance, may after 30 days written notice to the defaulting parcel owner(s) bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent Owner shall be liable to pay all costs of collection, including reasonable attorney's fees. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. II Carroll W. Sullivan STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: The foregoing Declaration was acknowledged before me this day of 2017, by Carroll W. Sullivan Notary Public # My commission expires: